EPLAW PATENT BLOG

DE – Lundbeck v. Neolab Ltd. (Escitalopram) / invalidity

Posted: September 10th, 2009

Escitalopram Lundbeck A/S v. Neolab Ltd. et al. (Escitalopram), invalidity proceedings, Federal Supreme Court, Germany, 10 September 2009, Docket number Xa ZR 130/07

Patentability of an enantiomer over a known racemate.

The Federal Supreme Court states that a publication from which it is apparent that there must be enantiomers of a chemical compound does not directly and clearly reveal the enantiomers themselves, unless the publication makes it easily possible for the person skilled in the art to obtain these enantiomers.

A marketing authorisation for a medicinal product that contains a chemical compound in racemate form as the active ingredient does not preclude the issuance of a supplementary protection certificate for a medicinal product which contains an enantiomer of the same compound.

Read the judgment (in German) here.
Read the judgment (in English) here.
Read a summary (in English), provided by Bardehle Pagenberg here.

Head note: Tilman Müller-Stoy

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